The Hindu : Front Page : `Courts have no power to intervene'

Online edition of India's National Newspaper
Monday, Jan 09, 2006

Front Page

Front Page

`Courts have no power to intervene'

K.V. Prasad

No question of surrender on expulsion of MPs: Somnath

Somnath Chatterjee

NEW DELHI: Lok Sabha Speaker Somnath Chatterjee on Sunday said the decision to expel 11 Members of Parliament following the "cash-for-query" scandal was "beyond the pale of judicial scrutiny."

The December 23 decision of both Houses was the exclusive jurisdiction of Parliament, he told The Hindu. His remarks come in the wake of reports that some expelled members planned to approach the court.

Mr. Chatterjee, who held discussions with a group of legal experts on Saturday, said all leading lawyers who responded to his request for a discussion on the issue told him that his views were correct. "There is no question of surrendering or submission to the jurisdiction of the judiciary in this matter. I have the highest respect for the judiciary but I have a duty to perform as Speaker of the Lok Sabha."

Exclusive jurisdiction

Parliament, he said, had exclusive jurisdiction to decide on the procedure and disciplinary matters in regard to its members.

As per the Constitution, courts do not have the authority to punish a Member of Parliament or Legislature for his/her conduct as a legislator.

Mr. Chatterjee said the expulsion decision was that of the House and not taken by him. Leaders of different political parties were associated with a process that culminated in the expulsion. They were given a chance to state their case before the Pawan Bansal Committee.

Asked whether the principles of natural justice were applied, he said they were followed. The expelled members were heard by their peers. On taking legal help, Mr. Chatterjee, who is also an advocate, said it was for the committee to evolve its own procedure.

On the Bharatiya Janata Party's contention that the case should have been referred to the Privileges Committee, he said any House committee — regular or ad-hoc — had the same powers. Ultimately, it was for the House to take a view on its report.

Mr. Chatterjee said his office received hundreds of e-mails and letters congratulating him and Parliament for taking action against the MPs. During his recent travels, both in India and abroad, many people walked up to him to express their appreciation for what Parliament did in the case.

Related Stories:
Parliament shows the way forward

Printer friendly page
Send this article to Friends by E-Mail

Front Page

News Update

Stories in this Section